New Zoning regulation 25' from Accessory building to house

[Cheryl Cort]

Have folks been looking at this? 

---------- Forwarded message ---------
From: Colleen Healey <col...@healeyarchitecture.com>
Date: Tue, Jul 6, 2021 at 9:08 AM
Subject: New Zoning regulation 25' from Accessory building to house
To: Cheryl Cort <che...@smartergrowth.net>

Cheryl,

Has your forum had any discussion on the new 25' rule from an accessory building to a house? It seems that this will directly impact and deter people from building accessory apartments. Do you know if there has been any pushback on this yet or heard of any work arounds?

Colleen 

Colleen Gove Healey, AIA

Principal

Colleen Healey Architecture

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_____________________________ Cheryl Cort (she/her) Policy Director Coalition for Smarter Growth Mobile: 202-251-7516 (e) che...@smartergrowth.net | www.smartergrowth.net  Twitter @betterDCregion | @cherylcort Your gift helps keep CSG's advocacy going! Donate today!

[Ileana Schinder]

I haven't seen this at all. In fact, if this rule is set in stone, it would kill the potential to a LARGE portion of the lots in DC. 

:(

ile

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[Andrew Tabler]

Are you referring to the recent  ZC Case # 20-19? That concerns no construction of an ADU in a required rear yard (which in some zones is 25 feet). 

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[Colleen Healey]

Andrew, 

But I thought that the rear yard is 25 measured from the back of the house in R-1-A/R-1-B - which puts it in a required rear yard. 

5004                REAR YARD

 

5004.1             An accessory building other than a shed may be located within a rear yard in an R zone provided that the accessory building is:

 

                        (a)        Not in a required rear yard; and

 

(b)        Set back at least seven and one-half feet (7.5 ft.) from the centerline of any alley.

 

Colleen

Colleen Gove Healey, AIA

Principal

Colleen Healey Architecture

860-581-0138  

healeyarchitecture.com

Please note our office will be closed from August 13th-August 23rd

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[Andrew Tabler]

In my own discussions on this issue with those knowledgeable on zoning, a rear set back or rear yard is measured from the rear lot line toward the structure and the street lot line.   Much depends on what kind of lot you are on (a standard lot versus a corner lot).

A "required" rear yard, however, is not the same as a rear yard or rear setback. 

But to your point, this zoning change potentially has deep implications for ADU's in DC.

Input from those on this list would be appreciated.

[Cheryl Cort]

FWIW - in the spirit of Talmudic debate, here's what Matt LeGrant told me on a related discussion.

He says:   [within the 25 foot required rear yard as measured from the principal building’s rear wall in an R-1-B one

---------- Forwarded message ---------
From: LeGrant, Matt (DCRA) <matthew...@dc.gov>
Date: Thu, Jan 9, 2020 at 12:52 PM
Subject: RE: RF Zones - unclear guidance on accessory buildings - 10' or 20' allowed in required rear yard?
To: Cheryl Cort <che...@smartergrowth.net>
Cc: Ndaw, Mamadou (DCRA) <mamado...@dc.gov>, Green, Hugh (DCRA) <hugh....@dc.gov>, Beeton, Kathleen A. (DCRA) <kathlee...@dc.gov>, Lawson, Joel (OP) <joel....@dc.gov>

 

Cheryl Cort, Coalition for Smarter Growth:

 It was good to see you earlier this week at the Incentivizing ADUs DMPED Meeting and appreciate your question regarding the following highlighted provisions of the DC Zoning regulations:

 E- 5002 HEIGHT

 5002.1 The maximum permitted height for an accessory building in an RF zone shall be twenty feet (20 ft.) and two (2) stories, including the penthouse.

 E-5003 LOT OCCUPANCY

 5003.1 The maximum lot occupancy for an accessory building in an RF zone shall be the greater of thirty percent (30%) of the required rear yard area or four-hundred and fifty square feet (450 sq. ft.).

 E-5004 REAR YARD

 5004.1 No minimum rear yard is required for an accessory building in an RF zone except when abutting an alley, where it shall be set back at least twelve feet (12 ft.) from the center line of the alley.

5004.2 An accessory building shall be permitted in a required rear yard of a principal building pursuant to the following conditions:

(a) The accessory building is less than ten feet (10 ft.) in height; and

(b) The accessory building is less than one hundred square feet (100 sq. ft.) in gross floor area.

 5004.3 If the required rear yard of the principal building in which the accessory building will be placed abuts an alley, the accessory building shall be set back at least twelve feet (12 ft.) from the center line of the alley.

 Both requirements apply, but they are distinguished as follows:

The E-5003.1 provision is actually a Maximum Accessory Building Footprint limitation [I believe that the “Lot Occupancy” title label here is a bit of a misnomer], and denotes a limit that references 30% of the required rear yard area, which is irrespective of the location (whether or not it is actually within the required rear yard or not).

 The E-5004.2(a) provision limits an accessory building height to 10 feet when it is located in the required rear yard; outside of that required rear yard area [elsewhere in the rear yard] it can then be built up to the 20 foot, 2-story limit accessory building height limit under E-5002.1.

The E-5004.2(b) provision essentially limits an accessory building gross floor area [GFA] when it is located in the required rear yard; which is, as I mentioned to you when we spoke at the meeting earlier this week, is measured form the rear wall of the principal building out towards the rear property line. The effect of this regulation (and subsection (a) noted above) is to allow only a small storage shed-like accessory building in this required rear yard, [within the 25 foot required rear yard as measured from the principal building’s rear wall in an R-1-B one, for example] but beyond that [if there is room on the lot] then a larger accessory building that may be suitable for a dwelling unit can be sited – typically closer to the rear lot line, and to an alley, if one is present.

 I hope this answers your questions, but please do contact me if further discussion would be helpful.

 Matthew Le Grant

Zoning Administrator

Department of Consumer and Regulatory Affairs

Government of the District of Columbia

1100 4^th St SW, Washington DC 20024

Matthew...@dc.gov

202 442-4576

The required yard is measured from the principal building’s rear wall towards the rear lot line.

“typically closer to the rear lot line, and to an alley, if one is present”

[Andrew Tabler]

Seems an email to Mr. Le Grant or another zoning administrator clarifying this would be key to this discussion. This language seems from when the zoning ruling was proposed.

[Colleen Healey]

Personally I have two projects that we have been working on since before the start of the year that this has potential project killing effects on. David Landsman told me this morning that he has 5 that this is an issue for. I don't see how we encourage accessory dwelling units with a regulation like this. 

My understanding is that they are enforcing it now.

Colleen 

[Ileana Schinder]

PS: I am sure that this is an easy variance/exception to get 

ile

[Kevin Horgan]

Hi All,

Can someone please clarify the before/after impact of the zoning changes. From the architects' comments here, it seems the changes are being viewed as very negative for the Residential House zones (R-1-A, R-1-B, R-2, etc. ).

From a Residential-Flat (RF) zone perspective, the changes seem generally positive. I see they've increased height from 20-ft to 22-ft, and the rear set-back was reduced from 12-ft to 7.5-ft. For row-house ADU's, these are both positive changes. 

I appreciate any clarification you can provide,

Kevin

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[Keith Vaughan]

This is super complicated and the best way to learn is to get something in front of Matt that he can react to, i.e., a real project with real dimensions, etc., rather than all the hypotheticals and circles / mental gymnastics required to interpret this B.S. Then we would know where to direct the inquiries and suggest required changes (i.e., political, Zoning, DCRA, etc. --- remember Matt is the Zoning Administrator at DCRA, he is not Zoning department and does not make rules/etc.).

We have not put a viable project in for permits or review since this occurred, but:

Our read #1: is that an ADU can go in the rear yard as long as it is not larger than the lot coverage / open limitations. The 25' seems like it will not affect too many rectangular lots but would certainly affect square lots significantly (IMO). Row house lots will now get affected by lot coverage and permeability requirements, rather than rear yards. But, I would agree that this should be a simple variance.

Our read #2: the required rear yard for height is referring to the remaining open-area of the rear yard and that the ADU itself could be the 20'.

We are in a code and administrative cycle right now and I have reached out to see if there is a committee / TAG specifically for Zoning as well. (For example, I am sitting on IRC and Energy TAG committees for this 3-year cycle as we review, make and recommend changes to the upcoming changes). If there is Zoning, then this group should get someone to sit on the committee.

Hoy!

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